Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Sabbati, 19 Martii, 1641.
Privilege-Reflections on Parliament.
TRAY, being at the Bar, did affirm, That Mr. Leigh did say, "That the Parliament was not worth a Turd;" and other Expressions set forth in Traye's Petition.
Sway was likewise called to the Bar; and did affirm the like.
Resolved, That Mr. Leigh shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House.
Person examined, &c.
Doctor Howell who was formerly sent for as a Delinquent, for Words that were informed on Monday last to be spoken by him, was called to the Bar; and did there, with serious Protestations and Asseverations, absolutely deny the Words.
Resolved, That Dr. Howell shall be now discharged from any farther Restraint.
Disposing of Contributions for Ireland.
Mr. Rowse brings Answer, That the Lords do agree in the Order for the Two hundred Pounds to the Countess of Kildare; and the One thousand Pounds to Sir Tho. Stapeley: And have appointed a Committee of Ten of their House to be a Committee, with a proportionable Number of this House, for ordering the Disposal of the Monies that shall come in upon the Act of Contribution: And concerning the Monies to be paid to Dr. Temple.
Ordered, That the Chamber of London do pay unto the Countess of Kildare * * *
Sir Wm. Litton, Sir John Northcott, Sir Tho. Cheeke, Sir Martin Lister, Sir Anthony Irby, Sir Tho. Soame, Mr. Cage, Sir Sam. Rolle, Sir Ro. Pye, Mr. Whittacre, Mr. Rowse, Mr. Carew, Mr. Wheeler, Sir Sam. Luke, Mr. Constantine, Mr. Martin, Mr. Purefrey, Sir H. Mildmay, Mr. Moore, Sir Tho. Dacre, Sir Edw, Aiscough:
This Committee is to meet with a proportionable Committee of the Lords, concerning the Disposing of the Money that shall come in upon the Act of Contribution, according to the said Act.
Ordered, That a Message be sent to the Lords, to acquaint them, that this House does agree, in appointing a Committee of a proportionable Number, and to desire their Lordships to appoint a speedy Time for the Committee to meet.
Foreign Invasion-Security of Hull, &c.
Mr. Pym reports from the Committee the Heads.
The first Head: To propound,
I. The Letter of the Deputy of Merchant Adventurers at Roterdam to Sir John Row Governor, Mr. Edwards Deputy of the Company; the Information inclosed; as likewise the Testimony of Mr. Richard Gay.
II. The concurrent Proofs which makes the Credit of this Information more considerable; the Endeavours to have put my Lord of Newcastle into Hull; his Coming thither under a feigned Name; the Expressions in my Lord Digbie's Letters; his Majesty's withdrawing himself into those Parts, notwithstanding the Advice of his Parliament.
III. That this is a further Cause of continuing and increasing our Fears and Jealousies; and of pursuing the Course already agreed upon for securing the Kingdom; and putting the Subjects into a Posture of Defence.
IV. That because this Business hath been agitated in Holland; from whence we hear Sir John Pennyngton is lately returned with the Fleet: . . . . .and One Captain Waker, Captain, of One of the Ships, may both be sent for, and examined upon some Circumstances that may give further Light to this Information.
V. That an Abstract of this Information be sent to his Majesty, with all Speed; with a Message, to consist of Three Branches:
1. An Answer to something which in his Majesty's late Speech to the Committee of Lords and Commons at Newmarkett, which seems to reflect upon the Honour of both Houses.
2. To intimate to his Majesty these Advertisements received out of Holland.
3. To renew and or advise and for his Majesty's Return: A Draught of which Message I am to tender to your Lordships.
"May it please your Majesty;
"YOUR Majesty's most loyal Subjects, the Lords and Commons in Parliament, cannot conceive that the Declaration which Your Majesty received from us at Newmarkett, was such as did deserve that Censure Your Majesty was pleased to lay upon us, in that Speech which Your Majesty made to our Committees there, and sent in Writing to both Houses. Our Address therein being accompanied with Plainness, Humility, and Faithfuless, we thought more proper, for the Removing the Distraction of the Kingdom, than if we had then proceeded according to Your Majesty's Message of the Twentieth of January, by which Your Majesty was pleased to desire, that we would declare what we intended to do for Your Majesty, and what we expected to be done for ourselves; in both which we have been very much hindred by Your Majesty's Denial to secure us, and the whole Kingdom, by disposing the Militia, as we had divers times most humbly petitioned. And yet we have not been altogether negligent of either; having lately made good Proceedings in preparing a Book of Rates to be passed in a Bill of Tonage and Poundage; and likewise the most material Heads of those humble Desires which we intended to make to Your Majesty, for the Good and Contentment of Your Majesty and Your People: But none of these could he perfected before the Kingdom be put in Safety, by Settling the Militia; and until Your Majesty shall be pleased to concur with Your Parliament in these necessary things, we hold it impossible for You to give the World or Your People Satisfaction, concerning the Fears and Jealousies which we have expressed; as we hope Your Majesty hath already received, touching That Exception which You were pleased to take to Mr. Pym's Speech."
"As for your Majesty's Fears and Doubts, the Ground whereof is from seditious Pamphlets and Sermons, we shall be as careful to endeavour the Removal, as soon as we shall understand what Pamphlets and Sermons are by Your Majesty intended, as we have been to prevent all dangerous Tumults: And if any extraordinary Concourse of People, out of the City of Westminster, had the Face and Shew of Tumult and Danger, in Your Majesty's Apprehension, it will appear to be caused by Your Majesty's Denial of such a Guard to Your Parliament, as they might have Cause to confide in; and by taking into Whitehall such a Guard for Yourself, as gave just Cause of Jealousy to the Parliament, and of Terror and Offence to Your People. We seek nothing but Your Majesty's Honour, and the Peace and Prosperity of Your Kingdoms: And we are heartily sorry we have such plentiful Matter of an Answer to that Question, "Whether You had violated our Laws:" We beseech Your Majesty to remember, that the Government of this Kingdom, as it was in a great Part managed by Your Ministers before the Beginning of this Parliament, consisted of many continued and multiplied Acts of Violation of Laws; the Wounds whereof were scarcely healed, when the Extremity of all these Violations was far exceeded by the late strange and unheard-of Breach of our Laws, in the Accusation of the Lord Kimbolton, and the Five Members of the Commons House, and in the Proceedings thereupon; for which we have yet received no full Satisfaction."
"To Your Majesty's next Question, "whether You had denied any Bill for the Ease and Security of Your Subjects," we wish we could stop in, the midst of our Answer: That with much Thankfulness, we acknowledge that Your Majesty hath passed many good Bills full of Contentment and Advantage to Your People: But Truth and Necessity enforceth us to add This, that even in or about the Time of passing those Bills, some Design or other hath been a-foot, which if it had taken Effect, would not only have deprived us of the Fruit of those Bills, but have reduced us to a worse Condition of Confusion than That wherein the Parliament found us.
"And if Your Majesty had asked us the Third Question intimated in that Speech, "what we have done for Yourself," our Answer would have been much more easy: That we have paid Two Armies, wherewith the Kingdom was burthened last Year; and have undergone the Charge of the War in Ireland at this time, when, through many other excessive Charges and Pressures, whereby Your Subjects have been exhausted, and the Stock of the Kingdom very much diminished: Which great Mischiefs, and the Charges thereupon ensuing, have been occasioned by the evil Counsels so powerful with Your Majesty; which have and will cost this Kingdom more than Two Millions: All which, in Justice ought to have been borne by Your Majesty."
"As for that free and general Pardon Your Majesty hath been pleased to offer, it can be no Security to our Fears and Jealousies, for which Your Majesty seems to propound it; because they arise not from any Guilt of our own Actions, but from the evil Designs and Attempts of others."
"To this our humble Answer to that Speech, we desire to add an Information, which we lately received from the Deputy Governor of the Merchant Adventurers at Rotterdam in Holland.
"That an unknown Person appertaining to the Lord Digby, did lately solict one James Henley, a Mariner, to go to Elsinore, and to take Charge of a Ship in the Fleet of the King of Denmark, there prepared, which he should conduct to Hull: In which Fleet likewise, he said, a great Army was to be transported: And although we are not apt to give Credit to Informations of this Nature, yet we cannot altogether think it fit to be neglected; but that it may justly add somewhat to the Weight of our Fears and Jealousies, considering with what Circumstances it is accompanied,-of the Lord Digbie's preceding Expressions, in his Letter to Her Majesty, and Sir Lewis Dives, -and Your Majesty's succeeding Course of withdrawing Yourself Northward from Your Parliament, in a Manner very suitable and correspondent to that evil Counsel, which we doubt will make much deeper Impression in the Generality of Your People. And therefore we most humbly advise and beseech Your Majesty, for the Procuring and Settling the Confidence of Your Parliament, and all Your Subjects, and for the other important Reasons, concerning the Recovery of Ireland, and Securing this Kingdom, which have been formerly presented to Your Majesty, You will be graciously pleased, with all convenient Speed, to return to these Parts; and to close with the Counsel and Desire of Your Parliament: Where You shall find their dutiful Affections and Endeavours ready to attend Your Majesty with such Entertainment, as shall not only give Your Majesty just Cause of Security in their Faithfulness, but other manifold Evidences of their earnest Intentions and Endeavours to advance Your Majesty's Service, Honour and Contentment; and to establish it upon the sure Foundation of the Peace and Prosperity of all Your Kingdoms."
VI. A Command of both Houses to be sent to Hull, by an Express to the Governor there, that he suffer no Foreign Ships to come into that Harbour, without very careful Examination and Assurance, that they be such as will do not Hurt: And that he receive no English or other Forces into that Town, but such as by the Wisdom and Authority of both Houses of Parliament, shall be advised and directed to be received into that Town; and kept there to preserve that Town for his Majesty's Service, and the Security of the Kingdom.
VII. That my Lord Admiral may be desired to enquire the Reason, why One of his Majesty's Ships is left behind in Holland; and how this Ship is employed; and when to return: And that his Lordship command the Ships now at Sea, to examine all Ships that pass betwixt Holland and Hull: And likewise that he be pleased to send some small Vessels to the Northward at Hull, that may give Intelligence of any Forces that are like to come from Denmark hither: And to enquire of all those Vessels that come out of the Sound, what Preparation of Land or Sea Forces there are about Elsenore.
VIII. That the Lord Lieutenant and the High Sheriffs of the Northern Counties, may receive Order from both Houses, to suppress all Forces which shall be raised in those Parts, without the Advice and Direction of the Lords and Commons in Parliament; and to be especially careful of Newcastle, Hull, and other Towns of the Sea Coasts.
Ordered, That Mr. Hampton, and Mr. Withrins be forthwith summoned to attend this House: And further Ordered, that Mr. Brune, informed of to be at Gravesend, and bound for Elsenore in Denmarke, be forthwith summoned to attend this House.
Mr. Hollis, Mr. Whittacres, Mr. Glyn, are presently to withdraw, and examine the Frenchman that lately came from Denmarke.
Mr. Hampden is appointed to go to the Lords, to desire their Lordships to sit this Afternoon.
Ordered, That there shall be no Alteration in that Clause of the Declaration, concerning the Violation of the Laws; nor in that Clause where his Majesty demands, "what One Bill he had denied."
Resolved, That this shall be the Draught of the Message to be delivered to the Lords at a Conference; and to be sent to his Majesty.
Mr. Pym, Mr. Hampden, Mr. Fynes, are appointed Managers of this Conference.
Mr. Whittacre reports, That the Frenchman appointed to be examined, confesseth that there are great Levies of Men in Denmarke;-Fifteen thousand (whereof Four thousand are Horse) and a great Fleet of Ships: And that at Hamborough they say they are for England: In other Places they say they are for Spaine or Holland.
Resolved, &c. That the Letter found by the Watchmen of Westminster, directed to Mr. Pym, shall be presented to the Lords at the next Conference.
Resolved, &c. That at this Conference it shall be likewise presented to the Lords, that some Course be speedily taken for the Securing the Town of Newcastle.
Privilege of a Member in a Suit.
Ordered, That Mr. Speaker do write his Letter to the Judges of Assize for the County of Yorke, that Mr. Bosvile, a Member of this House, hath the Privilege of Parliament, in a Suit wherein he is interested, between Jo. Rudston, and Sir Fra. Wortley Knight and Baronet, intended to be tried at the next Assizes at Yorke; and that the Suit be stayed.
Mr. Ar. Goodwyn to desire a Conference, by Committees of both Houses, concerning an Answer to the King's last Speech; and some Informations lately received concerning the Safety of the Kingdom: And to desire their Lordships to appoint a Time when both Committees may meet concerning the Contribution Money.
Mr. Glyn, reports from the Committee appointed to consider of the Alteration made by the Lords, in the Third Vote concerning the Militia.
Resolved, &c. That this House doth not consent to the Amendment of the Vote by the Lords, as they have sent it down.
Resolved, &c. That these Words, "supreme Court of Judicature," shall be omitted in that Vote.
Sir Philip Stapleton is to go to the Lords with this Message; To desire a Conference by a Committee of both Houses, concerning the Alterations made by their Lordships in One of the Votes concerning the Militia.
Mr. Glyn is to manage this Conference.
Leave of Absence.
Mr. Tate has Leave to go into the Country.
St. James, Deepinge, Lecturer.
Upon the humble Petition of John Curtesse, John Allom, Wm. Curtes, and Tho. Measure, on the Behalf of themselves, and divers other Inhabitants in St. James, Deepinge, in the County of Lincolne, it is this Day Ordered, That Mr. Tho. Redman, an orthodox Divine, be recommended, according to the Desire of the Petitioners, to be Lecturer, to preach every Lord's Day in the Afternoon, and every Thursday in the Week, in the Parish Church of James, Deepinge; the Petitioners allowing him convenient Maintenance for the same: And Mr. Christopher Smith, Minister, is hereby required to permit him the said Mr. Redman, the free Use of the Pulpit, to preach there the said Lecture Days.
Lyme Regis Pier.
Ordered, That the Sum of Twenty Pounds shall be paid unto the Mayor and Burgesses of the Borough of Lyme Regis in the County of Dorsett, by the Hands of the Collectors and Receivers of the Customs and Subsidies within the Port of Poole, for and towards the Maintenance and Reparation of the Pier or Cobbe there, due the Twenty-fifth Day of March instant, according to Letters Patents thereof made, bearing Date, at Westminster, the Three-and-twentieth Day of November, in the Eighth Year of the Reign of the King's Majesty that now is, unto the said Mayor and Burgesses, yearly paid unto them for the said Use.
Ordered, That One hundred Pounds shall be paid out of the Chamber of London, of the Poll-money, Subsidy, or Loan-money, there remaining, to Mr. Vassall, upon Account, for Payment of such Monies as are due to Stephen Riche, for the Transportation of Arms, Ammunition, and other Provisions, from Barwicke to London.
Mr. Corbett reports from the Committee appointed to consider of the Election of Knavesborrough in the County of York; "That the Committee had met; and have passed their Resolutions concerning That Election: But Mr. Reignolds, being the Chairman is gone out of Town; but hath left his Notes with me; to the end that, if the House be pleased to give me Leave to report the same, I might do it. And therefore I desire to know the Pleasure of the House therein."
So the House commanded him to report.
Whereupon Mr. Corbett proceeded, as followeth:
Henry Benson, late an evil Member of this House, serving for the Borough of Knaseborough in Com' Yorke, was put out of the House for Selling of Protections for Money; wherein Jo. Deerelove, his Son-in-law, was a Seller and a Maker of the Bargain. Benson was also sent for, as a Delinquent: But the Serjeant's Man that went for him was beaten; and Benson, that had been an unworthy Member, yielded no Obedience to this House; but caused or suffered himself to be rescued from the Serjeant.
That a Writ went forth to make a new Election, this House intending to put a better Man in his Place: But Benson declaring himself that he would oppose them that had opposed him, did resolve this House should have no better Man in his Room, but Wm. Deerelove his Son-in-law, who lives in.. House with him; whom he procured to be elected and returned by these Means, and in this Manner:
Knaseborough is a Liberty, Part of the Duchy of Lancaster: Benson, Ten Years since, procured a Patent under the Duchy-seal, of the Bailiwick of this Franchise, to be granted to Wm. Deerelove for his Life: Who by virtue thereof, keeps Courts, and hold Plea, hath the Returns of Writs within the Franchises.
William Deerelove executes this Place himself as Head Officer; and sat Judge in the Court the Monday before the new Election: But having Notice of the new Writ, and the Election to be upon Friday following, Wm. Deerelove makes a Deputation, between Monday and Friday, to Jo. Deerelove his younger Brother, an Infant, and one that had made Bargains, and taken the Money, for the Protections sold by Benson, as did appear here. Upon the Friday Sir Wm. Constable, a Baronet, and one of great Esteem and Integrity, was by many able Men of the Borough propounded, and returned to be Burgess: But Wm. Deerelove living in the House with Benson, and being their Head Officer and Judge for Life, prevailed with those that durst not displease Benson, and * that he was chosen by the greater Number; and caused his Brother, whom he had made his Deputy to serve his Turn, to return Wm. Deerelove Burgess, a Man of very mean or no Fortune or Condition.
Upon the whole Matter the Committee proceeded to Two Votes:
That this Return of William Deerelove, by his own Deputy, made but Two or Three Days before the Election only for this Service, was an undue and void Return; and should be taken off the File:
That the Sheriff of the County of Yorke shall return up the Indenture, by which Sir William Constable was elected; and that Sir William shall be admitted to sit as a Member of this House for the Borough of Knaseborough.
Upon which Report, It was
Resolved, upon the Question, That this Return of Wm. Deerelove, by his own Deputy, made but Two or Three Days before the Election only for this Service, was an undue and void Return; and shall be taken off the File.
All Saints, Hertford, Lecturer.
Whereas Henry Browne, Wm. Gardner, John Pennyfather, Thomas Herricke, on the Behalf of themselves, and Sevenscore Housholders of the Parish of All Saints, in Hertford in the County of Hartford, did this Day prefer their Petition to this House; thereby declaring, that, according to the Order of this House, 8° Septembris last, they did provide Mr. Abraham Puller, an orthodox Divine, to preach as Lecturer the Wednesday in every Week; but was opposed by Mr. Humphrey Tabor, the Minister there; It is therefore this Day Ordered, That Mr. Abraham Puller be recommended by this House to be Lecturer there, according to the Desire of the Petitioners; and that Mr. Tabor be made acquainted with this Order, to the End the said Mr. Puller may preach there accordingly.
Mr. Arthur Goodwyn brings Answer, That the Lords will give a present Meeting, as is desired; and have appointed the Committee of their House to meet with the Committee of this House, concerning the Contribution Money, on Monday, Nine.... Clock, in the Painted Chamber.
Resolved, upon the Question, That Mr. Speaker shall grant a Warrant for a Writ, for a new Election of a Knight by the Shire for the County of Monmouth, in the Room of Sir Charles Williams deceased.
Tonage and Poundage.
1a vice lecta, A Subsidy, granted to the King, of a Tonage, Poundage, and other Sums of Money, payable upon Merchandize exported and imported.
Message from the Lords, by Mr. Page and Doctor Bennett;
That the Lords do desire a present free Conference, by a Committee of both Houses, concerning the Propositions lately made at the last Conference.
Answer returned by the same Messengers; That this House will give a Meeting presently, as is desired.
Mr. Pym, Mr. Glyn, Sir Ph. Stapleton, Mr. Serjeant Wilde, and Mr. Prideaux, are appointed Managers of that Conference.
Tonage and Poundage.
2da vice lecta est Billa, A Subsidy granted to the King, of Tonage, Poundage, and other Sums of Money, pay-able upon Merchandize exported and imported.
And the Question was first put for the Commitment:
And it was resolved negatively.
And then, upon a Second Question for the Ingrossing,
It was ordered to be forthwith ingrossed.
Resolved, &c. That the Time of the Continuance of this Bill shall be to the Third Day of May next ensuing; and the Bill so amended accordingly.
3a vice lecta est Billa, A Subsidy, granted to the King, of Tonage, Poundage, and other Sums of Money, payable upon Merchandize exported and imported; and, upon the Question, passed.
And Mr. Chancellor of the Exchequer carried the same up to the Lords.
Mr. Serjeant Wilde, Sir Tho. Widdrington, Sir Walter Erle, are appointed to peruse the Draught of the Commission sent in from the Clerk of the Crown, touching the Managing the Irish Affairs.
Mr. Pym reports from the Conference with the Lords, that their Lordships had taken the Propositions, and the Message to his Majesty, brought up by this House at the last Conference, into Consideration; and have agreed unto them, with some small Alterations.
The First, That whereas it went from this House in the Time of Passing the Bills, &c. they have amended it, "in or about the Time."
To this, this House consents.
As to the Second Alteration, viz. "by his Majesty's Authority, signified by both Houses of Parliament;"
The House doth resolve to adhere to their Vote, as it went from hence.
As to the Exception in the Eighth Proposition, where the Lords make some Doubt, touching the Power of the Sheriff, but propound no Alteration;
This House doth resolve to adhere to that Proposition as now it is.
Reducing Irish Rebels.
The Gentleman-usher of the Lords House came, and acquainted this House, That the Lords were now ready to give his Majesty's Assent, by Commission, to the Act of the speedy Reducing the Rebels of Ireland, &c; and desired this House to be present thereat.
Mr. Speaker and the House went up accordingly.
Sir Hugh Cholmley is appointed to go to the Lords, to desire a free Conference with their Lordships, by a Committee of both Houses, touching the Matter of the last free Conference.
Sir Hugh Cholmley brings Answer, That the Lords will give a Meeting at a Conference, by a Committee of the whole House, on Monday Morning next, at Nine of the Clock.
Resolved, upon the Question, That this House doth approve of the Deputy Lieutenants presented for the County of Oxen, and doth Order, that Wm. Lenthall Esquire, Speaker of the House of Commons, be recommended to be added for a Deputy Lieutenant.
Resolved, &c. That this House doth approve of the Deputy Lieutenants presented for the County of Gloucester, and for the County of the City of Gloucester.